The following acts are declared to be per se violations of this chapter. This enumeration does not constitute an exclusive list:
A. Unreasonable Noises: The unreasonable making of, or knowingly and unreasonably permitting to be made, any unreasonably loud, boisterous or unusual noise, disturbance, commotion or vibration in any boarding facility, dwelling, place of business or other structure, or upon any public street, park, or other place or building. The ordinary and usual sounds, noises, commotion or vibration incidental to the operation of these places when conducted in accordance with the usual standards of practice and in a manner which will not unreasonably disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators of adjacent places of business are exempted from this provision.
B. Vehicle Horns, Signaling Devices, And Similar Devices: The sounding of any horn, signaling device, or other similar device on any automobile, motorcycle, or other vehicle on any right-of- way or in any public space of the Village for more than ten (10) consecutive seconds. The sounding of any horn, signaling device, or other similar device as a danger warning is exempt from this prohibition.
C. Nonemergency Signaling Devices: Sounding or permitting the sounding of any amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for nonemergency purposes, from any place for more than ten (10) consecutive seconds in an hourly period. The reasonable sounding of such devices by houses of religious worship, ice cream trucks, and seasonal contribution solicitors or by the Village for traffic control purposes are exempt from the operation of this provision.
D. Emergency Signaling Devices: The intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle, or similar emergency signaling device, except in an emergency or except as provided in subsections D1 and D2 of this section:
1. Testing of an emergency signaling device shall occur between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. Any testing shall use the minimum cycle test time. In no case shall such test time exceed five (5) minutes. Testing of the emergency signaling system shall not occur more than once in each calendar month; or,
2. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm shall terminate within fifteen (15) minutes of activation unless an emergency exists. If a false or accidental activation of an alarm occurs more than twice in a calendar month, the owner or a person responsible for the alarm shall be in violation of this chapter.
E. Radios, Televisions, Boom Boxes, Phonographs, Stereos, Musical Instruments And Similar Devices:
1. The use or operation of a radio, televisions, boom boxes, phonographs, stereos, musical instruments or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet, and comfort of neighbors and passersby, or is plainly audible at a distance of fifty feet (50') from any person in a commercial, industrial area, or public space.
2. The use or operation of a radio, televisions, boom boxes, phonographs, stereos, musical instruments or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and unreasonably disturbs the peace, quiet and comfort of neighbors in residential area or noise-sensitive area, including multifamily or single-family dwellings.
F. Loudspeakers, Amplifiers, Public Address Systems, And Similar Devices:
1. The unreasonably loud and raucous use or operation of a loudspeaker, amplifier, public address system, or other device for producing or reproducing sound between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. on weekdays, and ten o'clock (10:00) P.M. and ten o'clock (10:00) A.M. on weekends and holidays in the following areas:
a. Within or adjacent to residential area or noise sensitive area;
b. Within public space if the sound is plainly audible across the real property line of the public space from which the sound emanates, and is unreasonably loud and raucous.
2. This shall not apply to any public performance, gathering, or parade for which prior permission has been obtained from the Village.
G. Yelling, Shouting, And Similar Activities: Yelling, shouting, hooting, whistling, or singing in residential area or noise sensitive area or in public places, between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., or at any time or place so as to unreasonably disturb the quiet, comfort, or repose of reasonable persons of ordinary sensitivities.
H. Animals And Birds: Unreasonably loud and raucous noise emitted by an animal or bird for which a person is responsible. A person is responsible for an animal if the person owns, controls or otherwise cares for the animal or bird. Sounds made by animals or birds in animal shelters, kennels, veterinary hospitals, pet shops or pet kennels licensed under and in compliance with licensing and permitting provisions set forth in this Code are exempt from this subsection H.
I. Loading Or Unloading Merchandise, Materials, Equipment: The creation of unreasonably loud, raucous, and excessive noise in connection with the loading or unloading of any vehicle at a place of business or residence.
J. Construction Or Repair Of Buildings, Excavations Of Streets And Highways: The construction, demolition, alteration or repair of any building or the excavation of streets and highways other than between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., on Monday through Friday, and eight o'clock (8:00) A.M. and six o'clock (6:00) P.M. on Saturdays. In cases of emergency, construction or repair noises are exempt from this provision. In nonemergency situations, the Village Clerk, or his/her designee, may grant permission, upon written request, if the Village Clerk, or his/her designee, determines that the public health and safety, as affected by loud and raucous noise caused by construction or repair of buildings or excavation of streets and highways between the hours of seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M., will not be impaired, and if the Village Clerk, or his/her designee, further determine that loss or inconvenience would result to a party of interest. The permission in nonemergency cases shall be valid for a period of not more than three (3) days. The permission may be renewed once for a period of three (3) days or less.
K. Noise Sensitive Areas (Schools, Courts, Churches, Hospitals, And Similar Institutions): The creation of any unreasonably loud and raucous noise adjacent to any noise-sensitive area while it is in use, which unreasonably interferes with the workings of the institution or which disturbs the persons in these institutions, provided that conspicuous signs delineating the boundaries of the noise-sensitive area are displayed in the streets surrounding the noise-sensitive area.
L. Grounds Maintenance Equipment, Blowers, And Similar Devices: In residential area or noise sensitive areas between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M., the operation of any noise-creating blower, power fan, or any internal combustion engine, including, but not limited to power- driven lawn or garden maintenance equipment, the operation of which causes noise due to the explosion of operating gases or fluids, provided that the noise is unreasonably loud and raucous and can be heard across the property line of the property from which it emanates.
M. Commercial Establishments Adjacent To Residential Property: Unreasonably loud and raucous noise from the premises of any commercial establishment, including any outdoor area which is part of or under the control of the establishment, between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. which is plainly audible at a distance of five feet (5') from any residential property.
N. Amplified Music And Sound Systems; Live Or Recorded Performances: Amplified music and sound systems of any type or any type of live or recorded performance.
O. Sound-Amplifying Device Within A Multiple-Family Structure: It shall be unlawful to use or operate a sound-amplifying device so that the device produces loud and raucous sounds within a multiple-family structure from eleven o'clock (11:00) P.M. to ten o'clock (10:00) A.M., local time, Sunday through Saturday. (Ord. 897-18, 5-21-2018)